First Regular Session

Sixty-first General Assembly

LLS NO. 97­0323.01 JY HOUSE BILL 97­1300

STATE OF COLORADO

BY REPRESENTATIVES Saliman and Snyder.

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING THE REMEDIES AVAILABLE FOR VIOLATIONS OF SPECIFIC PROVISIONS OF THE "MOBILE HOME PARK ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Allows a person to file an action for an injunction or damages for the following violations of the "Mobile Home Park Act":

• A violation of a rental agreement;
• A mobile home park owner fails to give a mobile home owner a 6­month written eviction notice prior to any change in the use of the park owner's land pursuant to a zoning law (Section 38­12­203 (1) (d) (II));
• An increase in rent without 60 days' written notice (Section 38­12­204 (2));
• A termination of tenancy in a mobile home park for the sole purpose of making space available for another mobile home or trailer coach (Section 38­12­205);
• The management prohibits home owner meetings under certain circumstances (Section 38­12­206);
• A mobile home park owner charges a security deposit in excess of the statutory limit (Section 38­12­207 (1));
• A mobile home park owner charges an entry fee to the mobile home owner as a condition of tenancy (Section 38­12­209 (1));
• A mobile home park owner requires as a condition of tenancy that a mobile home owner purchase a mobile home from a particular seller (Section 38­12­210 (1));
• A mobile home park owner gives special preference to a prospective mobile home owner who has bought a mobile home from a particular seller (Section 38­12­210 (2));
• A mobile home seller requires as a condition of sale that the purchaser locate in a particular mobile home park or in any particular group of mobile home parks (Section 38­12­210 (3));
• A mobile home park owner fails to treat all persons equally in renting or leasing available space (Section 38­12­210 (4));
• A mobile home park owner charges a selling or transfer fee to a mobile home owner in the park or a prospective buyer of a mobile home located in the park (Section 38­12­211);
• A landlord of a mobile home park fails to maintain and repair certain items and services in the mobile home park (Section 38­12­212.3 (1));
• A landlord of a mobile home park requires a resident to assume the responsibility for such maintenance and repair as a condition of tenancy (Section 38­12­212.3 (2));
• A landlord of a mobile home park fails to remit to a utility any moneys collected from each resident as payment of the resident's share of the charges for such utility (Section 38­12­212.7 (1));
• The management fails to disclose in writing certain terms and conditions of a tenancy in a rental agreement to a prospective home owner prior to the rental or occupancy of the mobile home space or lot (Section 38­12­213 (1));
• The management fails to adopt written rules and regulations concerning the use and occupancy of the premises (Section 38­12­214); or
• A mobile home park owner fails to notify the park's mobile home owners of the park owner's intent to sell (Section 38­12­217 (1)).

Specifies that any person committing such violations is liable for treble damages, not to exceed $1,000, and for court costs and attorney fees. Specifies that a person bringing a frivolous action is liable for court costs and attorney fees. Replaces the current statutory provisions on remedies, other than the remedies for forcible entry and detainer actions, with the provisions of this act.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 2 of article 12 of title 38, Colorado Revised Statutes, 1982 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

38­12­218.  Enforcement ­ civil action ­ remedies. (1)  IN ADDITION TO THE REMEDIES SPECIFIED FOR FORCIBLE ENTRY AND DETAINER ACTIONS IN SECTION 38­12­208, ANY PERSON INJURED BY REASON OF A VIOLATION OF A RENTAL AGREEMENT OR THE PROVISIONS OF SECTION 38­12­203 (1) (d) (II), 38­12­204 (2), 38­12­205, 38­12­206, 38­12­207 (1), 38­12­209 (1), 38­12­210, 38­12­211, 38­12­212.3 (1) OR (2), 38­12­212.7 (1), 38­12­213 (1), 38­12­214, OR 38­12­217 (1) MAY COMMENCE AN ACTION TO PREVENT OR RESTRAIN SUCH VIOLATION OR TO RECOVER ANY ACTUAL DAMAGES SUSTAINED BY SUCH PERSON. ANY PERSON WHO, IN A PRIVATE CIVIL ACTION, IS FOUND TO HAVE COMMITTED OR CAUSED ANOTHER TO COMMIT ANY SUCH VIOLATION SHALL BE LIABLE IN AN AMOUNT EQUAL TO THE SUM OF:

(a)  THREE TIMES THE AMOUNT OF ACTUAL DAMAGES SUSTAINED BY SUCH PERSON; EXCEPT THAT SUCH AMOUNT SHALL NOT EXCEED ONE THOUSAND DOLLARS; AND

(b)  IN THE CASE OF ANY SUCCESSFUL ACTION TO ENFORCE SUCH LIABILITY, THE COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT.

(2)  ANY PERSON WHO BRINGS AN ACTION UNDER THIS SECTION THAT THE COURT FINDS TO BE GROUNDLESS AND IN BAD FAITH OR FOR THE PURPOSE OF HARASSMENT SHALL BE LIABLE TO THE DEFENDANT FOR THE COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT.

SECTION 2.  Repeal. 38­12­209 (3) and (4) and 38­12­212.7 (3), Colorado Revised Statutes, 1982 Repl. Vol., as amended, are repealed. SECTION 3.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to violations committed on or after the applicable effective date of this act.